The Supreme Court on Thursday approved the grant of quota to the Scheduled Caste and Scheduled Tribe category. A seven-member Constitution bench headed by CJI DY Chandrachud delivered the verdict with a majority of 6:1. The court said that a new sub-category can be created within the SC-ST category and separate reservation can be given to the most backward classes in this category. That is, now the state governments will have the right to decide the quota reserved for the communities included in the SC-ST category on the basis of backwardness of the castes. Meanwhile, during the hearing, Justice Pankaj Mithal also mentioned the letter of former Prime Minister Jawaharlal Nehru, which was written in 1961. Know what Pandit Nehru had written in that letter?
The names of CJI DY Chandrachud, Justice Manoj Mishra, Justice BR Gavai, Justice Vikramnath, Justice Pankaj Mithal, Justice Satish Chandra Sharma and Justice Bela M Trivedi were included in the Constitution bench of seven judges of the Supreme Court. However, Justice Trivedi disagreed with the decision and said, the list of SC-ST category notified under Article 341 cannot be changed by the state government. Sub categories would be like tampering with this list.
SC judge cited Nehru’s 1961 letter
Supreme Court Justice Pankaj Mithal advocated a fresh look at the reservation policy and referred to a 1961 letter of the then Prime Minister Jawaharlal Nehru. In this letter, Pandit Nehru had expressed grief over the tendency to give reservation and privileges to any caste or group.
‘Need help on financial basis’
Justice Mithal said, Pandit Jawaharlal Nehru had written a letter to the Chief Ministers of all the states on June 27, 1961. In this letter, he expressed grief over the trend of giving reservation and privileges to any caste or group and said that such practice should be abandoned and emphasis should be laid on helping citizens not on the basis of caste but on economic basis. Scheduled Castes and Scheduled Tribes are entitled to help, but not in the form of any kind of reservation, especially in services.
Also read: Quota approved within the quota, marginalized SC-ST castes benefit, understand in detail – SC’s decision
‘The right way to help the backward is by giving them good education’
Nehru had further written in the letter, I want my country to become a first class country in everything. The moment we promote double standards, we are lost. The only real way to help any backward group is to provide opportunities for good education, including technical education, which is becoming more and more important. Everything else is a crutch of some sort, which adds nothing to the strength or health of the body.
In a landmark judgment, the Supreme Court on Thursday said states have the constitutional right to make sub-classifications within the Scheduled Castes, a social order, to provide reservation for the upliftment of socially and educationally more backward castes. Constitutes an odd class.
Justice Mithal agreed with the decision of the bench and said, the history of reservation in the country shows that all three organs of the state have made tremendous efforts to bring social justice by promoting the reservation policy. He said, it is a matter of experience that every process of selection and appointment in government services and admission at higher levels has been challenged before the courts on the grounds of, inter alia, misuse of the rule of reservation.
Justice Pankaj Mithal observed that in most of the cases, appointments and admissions remain stuck for years due to litigation, which leads to huge delays in the recruitment process and vacancies remain unfilled for a long time, thereby giving rise to stop-gap/ad hoc appointments. Get.
Also read: Supreme Court approves quota within quota, reverses 2004 decision, says sub-category can be created for SC-ST
He said, substantial time and energy has been spent by all three organs of the state in streamlining the reservation process and developing a flawless system. It is a matter of record that sometimes the peace and order of the entire country was disrupted during pro-reservation and anti-reservation movements. Especially during the anti-Mandal Commission movement in 1990, large-scale unrest was seen in most of the states. The unrest created by such movements and demonstrations, especially in the months of August-November 1990, is a sufficient indication of widespread violence.
He said that the government based the rise of castes instead of identifying them on the basis of occupation or social and economic conditions. This is why today we are struggling with the situation of all categories of notified castes for the purpose of reservation. Experience shows that the better-off backward class consumes most of the reserved vacancies/seats. The most backward class does not get anything.